JUDGMENT :

Akil Kureshi, J.

Petitioners have challenged an order dated 24.11.2009 passed by learned Additional Sessions Judge, Jamnagar in Criminal Appeal No. 29/2009. By the said order, the learned Judge was pleased to reverse the order dated 27th August, 2009 passed by the learned Additional Senior Civil Judge and JMFC, Jamnagar.

2. Petitioner No. 1 is the husband of original complainant, respondent No. 1 herein. Petitioner Nos. 2 and 3 are other family members. Respondent No. 1 has instituted proceedings under the Protection of Women from Domestic Violence Act, 2005 (herein after referred to as 'the Act'). She also moved an application for interim directions in terms of Sections 20 to 22 of the said Act. One of her prayers was for custody of her three years old son. Learned Magistrate by his order dated 27.08.2009, though granted interim maintenance to the complainant, refused to hand over the custody of the child to her. She, therefore, filed Criminal Appeal. By the impugned order, learned Additional Sessions Judge granted the request, hence the petition.

3. Learned Magistrate primarily was influenced by the fact that the petitioner No. 1 and other family members work from home and